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(영문) 창원지방법원 2018.11.14 2018구합50602
개발행위불허가처분취소
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On November 22, 2016, Plaintiff A obtained a license to operate an electricity business for the solar power generation business with the name of power plant, solar power plant, installation site, the instant application site, power generation capacity 496.12kW, and Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”) also from the Gyeongnam-do Governor on the same day, the same day was granted a license to operate an electricity business for the solar power generation business with the name of power plant, the place of the instant application, the place of the installation, the power generation capacity of the instant application, 496.12kW.

B. On September 13, 2017, Plaintiff A filed an application with the Defendant for development activities for solar power generation business with respect to the area of 7,156 square meters in the instant application, and Plaintiff B filed an application with the Defendant for permission to engage in development activities for solar power generation business with respect to the area of 8,980 square meters in the instant application on the same day.

(hereinafter referred to as the above application in general as “instant application”). C.

On December 14, 2017, the Defendant rendered a disposition of non-permission for the instant application (hereinafter “instant disposition”) based on the attached Table 1-2 of Article 56 of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and attached Table 4 of Article 20(6) of the Enforcement Decree of the Management of Mountainous Districts Act and the Guidelines for Operation of Permission for Development Activities (No. 569 of the Ministry of Land, Infrastructure and Transport’s directives) on the following grounds.

Pursuant to the provisions of Article 59(1) of the National Land Planning and Utilization Act, there was an opinion that “the location of natural scenery is inappropriate for damage and threat of soil erosion.” An application for permission for development activities was filed by dividing into F and E2 cases, but it is reasonable to review the application as a single project because the same purpose is a structure (solar power plant) on one parcel. It is highly probable that the number of trees of a forest of 16,136 square meters at the time of the installation of solar power infrastructure will have an adverse impact on the surrounding natural ecology. In the case of the structure of the artificial solar power infrastructure of the flat testing structure, the external exposure is made.

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